Buckhannon Crime

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Buckhannon Law

My vehicle's gas pump went out on my vehicle thursday night, and a man offered to help me push it out of the road.
After me and this man pushed my vehicle out of the raod, the police showed up which im assuming that someone called the police.The police gave me a breatalizer test and i was over the legal limit.I was not driving my vehilce at the time the police showed up, and they did not arrest me but the took me to the local jail and told me i was being charged with a DUI,and i spent the night there and my brother bailed me out the next day.What can i plead to in court concidering the fact i wasnt driving when the police showed up?
If an immediate hearing date has been provided you enter a plea of not guilty and advise court wish to hire private dui...
What are the DUI penaltys in WV?
For a repeat offender but who is in the timeframe with a BAC .132
If you are charged, the judge has to advise you of what the range of penalty is. It will depend on how many repeat...
Can i get a felony Dui dropped to misdemeanor?
Ive had priors but i think they are off my record 13 & 17 years ago. I got a 1st offense Dui in 2010 so how can i be charged for third? They are saying i got one in 2005 but there is no evidence of it!
Is it legal for a magistrate to put a flse date on a police report to go from a misdemeanor to a felony?
This should be 2nd offense priors were 13 years ago but magistrate says one happened in 2005. Im not crazy i know i never got arrested for that crime.
Normally a magistrate would not write a police report and therefore would have no opportunity to put a false date in it....
Can I fight a DUI Suspension that was not turned in as a DUI. The charge was Driving on a suspended 1st offense.
I was stopped and charged with Driving on a Suspended 2nd offences in April of 2015. In August I had a hearing and the charges were dropped to Driving on a Suspended 1st offense. Now three months later, I get a notice from the West Virginia DMV stating that my license will be suspended for 1 year for DUI. While my BAC was .05 which is under the legal BAC of .08 in West Virginia there was not charge for DUI even discussed. I have talked with the arresting officer who also agreed that there was no DUI charge and that it was only driving on a suspended 1st offense that was turned in to the DMV. I attempted to explain to her that the charge was not DUI but she would not listen. I moved to Orlando Florida just after the hearing. I am just at a loss as to what I can do.
Generally speaking, DMV and court aren't the same, that's why you can be charged in one and not the other, for most...
Arrested for a DUI with a negative breathalyzer
I was driving for work (class A truck) and went through a yellow light that turned red. When the officer pulled me over he immediately asked if I had been drinking. Which I denied and explained that I was returning from Michigan. He did a field sobriety test and said I was "wobbly" on one leg which I explained I had been driving 10 hrs. I had a negative breathalyzer and he arrested me anyways, impounded the truck and was held without bond 17 hours. I demanded a blood test. I am now out on PR awaiting trial for a DUI. How is this legal and how do I proceed? What's the likelyhood of this being thrown out and can I counter sue? Since I cannot work until this is cleared up.
When you say the breathalyzer test was negative, what do you mean? Was it 0.0%? Did you give a urine sample for drugs?...
Can a officer refile a charge as a new one or does it has to be the prosecution. The charge appears with 2 different case #.
I had a DUI charge (the whole case was sketchy). .05 BAC, I was parked. I filed a complaint against the officer and he was exonerated. After almost 9 months the case got demised by the prosecution. Two weeks after, the officer, not the prosecution refiled the charges(no new evidence, he said that I violated a plea deal even though they admint that there was no plea deal). His boss sent me an email with the summons(not served since i live in another state). After i refused to go until i was served, the issued an arrest warrant.
If the case was dismissed then jeopardy had not attached (Double jeopardy means you cant be twice charged with the same...